What can I expect at trial?
Unlike regular civil trials, small claims court rules do not follow the Rules of Evidence. There are no rules of evidence. Generally the judge will ask questions to help develop the facts and understand the context and circumstances surrounding the case. It will likely be pretty quick. If a jury trial is required, the trial could last a few hours.
Small Claims Court Venue
You should file your action in the County and specific Precinct where the defendants reside or where the defendant has contracted to perform. (Government Code Section 28.011). Small Claims Court cases for Kerr are heard in 4 LOCATIONS throughout Kerr County.
Do I need to hire an Attorney?
Small claims court litigants in Texas normally represent themselves without an attorney. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. Nevertheless, you are allowed to retain one if you desire. (Texas Government Code Section 28.003).
Who is the judge in a Small Claims Court case?
The justice of the peace for Kerr County presides over small claims court actions for Kerr County.
Can I file my case in small claims court?
A plaintiff cannot demand more than $10,000 in their action. (Texas Government Code 28.093). Another restriction of small claims court is that a plaintiff can only seek monetary relief (an award of money). The court has no authority to issue an injunctive or equitable award. For example, you could sue a dry cleaner for ruining your clothes and ask for money to replace the clothes, but you cannot ask the judge for an order for the dry cleaner to repair your clothes. This type of relief would be injunctive relief.
Clerk’s Role in Small Claims Court Actions
The clerk at the courthouse can be an excellent resource for your case. This will ensure the courthouse is open and someone is available to assist with the filing of your claim. While the clerk can help you with procedural issues, the clerk is not able to give legal advice. They will direct you to an attorney if answering your question would require that.
Small Claims Court Case Types
A variety of cases are handled in small claims court. From a security deposit on a rental to a motor vehicle accident. However, small claims court cannot handle assignments of claims (where one person transfers their interest in an action to another), a divorce proceedings, and cases filed by collection agencies or agents.
Are there appeals in small claims court?
Appeals are allowed if the amount of the award exceeds $250.00.
Kerr County Court Locations
The precinct map for Kerr County can be found here.
Precinct 1 Place 1 Courthouse in the City of Kerrville
This courthouse is located at:700 Main St, Rm 102 Kerrville, TX 78028-5389
This courthouse handles cases for Precinct 1 Place 1. The phone number for the court is (830)792-2230. And you can email the court by clicking here.
Precinct 2 Courthouse in the City of Kerrville
This courthouse is located at:400 Clearwater Paseo, Ste 103 Kerrville, TX 78028-5389
Precinct 3 Place 1 Courthouse in the City of Kerrville
This courthouse is located at:700 Main St, BA 101 Kerrville, TX 78028-5389
Precinct 4 Place 1 Courthouse in the City of Ingram
This courthouse is located at:3350-A Junction Highway Ingram, TX 78025-3125